Wednesday, May 23, 2012

Golinski v. OPM (9th Cir. - May 22, 2012)

Chief Judge Kozinski said "Jump" in early 2009 in an internal (Ninth Circuit) same-sex partner benefits case.  Rather than say "How high?" the Office of Personnel Management said "No thanks. We don't feel like it."  Leading Judge Kozinski to say later that year:  "No.  I'm serious.  Jump."

Fast forward three years, and there's still a dispute about jumping.  Here's the latest installment.  OPM still doesn't feel like jumping, and filed an appeal of Judge Kozinski's order.  After briefing (and intervention by a component of the House of Representatives), there was a request to take the case en banc even before a panel heard it.

No dice.  Not a single judge agreed.  Which is not surprising at all.

So the case will get argued in the usual schedule; here, in San Francisco in September.  Lovely time and place for it, I might add.